United States v. Olano

507 U.S. 725 (1993)

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United States v. Olano

United States Supreme Court
507 U.S. 725 (1993)

AR

Facts

Guy Olano and Raymond Gray (defendants) were tried with five other codefendants in federal district court for participating in a loan kickback scheme. All of the parties agreed that 14 jurors would hear the case, and that two jurors would be designated as alternates before deliberations began. During the proceedings, some of the defense attorneys told the court that they did not want the alternate jurors to participate in the jury’s deliberations, but none of the parties objected when the alternate jurors were instructed that they could attend the deliberations but not participate. Olano and Gray were convicted. Olano and Gray appealed to the United States Court of Appeals for the Ninth Circuit, arguing that under Federal Rule of Criminal Procedure 24(c), the alternate jurors should have been discharged after the jury retired to consider its verdict. The appeals court reversed the convictions because the presence of the alternate jurors during deliberations violated 24(c). The United States appealed, and the United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (O’Connor, J.)

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Criminal Procedure

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